How to talk about prenups

On behalf of Sowald Sowald Anderson Hawley & Johnson posted in family law on Friday, February 9, 2018.

If you are an entrepreneur who is planning to get married, a prenuptial agreement can be a lifesaver if the marriage breaks down later. After all, in many instances, businesses can become marital assets that are subject to division between the spouses.

However, broaching the subject of a prenup is a delicate matter. Finesse should be used when addressing this essential topic well before the wedding. The timeline of your request is important so that a future ex-spouse cannot say that he or she was coerced into signing under the threat of no wedding occurring without compliance.

It may be helpful to view the agreement as just a contractual obligation that is a corollary to the marriage. After all, marriages themselves are contracts between the parties. This just gives both spouses a bit more control.

For best results, you may want to incorporate some of the below tips into your prenup conversation.

Draft the terms together

Collaborating with your partner and a mediator to fine-tune your agreement and address both parties' concerns.

No hidden agendas

Begin by laying your cards on the table regarding your proposed outcome and the reasons you feel as you do. Maybe you inherited your grandfather's apothecary and managed to turn it into a thriving 21st century business through strategic marketing. As long as transparency is primary, your fiance should be mature enough to understand.

Listen to your partner's concerns

One-sided prenups won't withstand stalwart legal challenges anyway, so really listen when your beloved shares his or her concerns about the agreement. Don't be afraid to think out of the box for solutions to prenup dilemmas.

Last — but certainly not least — make sure that both parties have their own attorneys review the prenup before either signs.

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